Santa Barbara City Council
March 29, 2022

16.8 Age Discrimination Act Of 1975 -- The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and

16.9 Equal Employment and Contracting Opportunity

16.9.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

16.9.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

16.9.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.

16.9.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

16.9.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 2065, and of the rules, regulations, and relevant orders of the Secretary of Labor.

16.9.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 2065, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts Agreement No. «Contract_»

by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

16.9.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 2065, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 2065, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

16.9.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 2065, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agency may request the United States to enter into such litigation to protect the interests of the United States; and

16.10 Debarred, Suspended Or Ineligible Contractors Or Subrecipients – The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and

16.11 Housing and Urban Development Act Of 1968 (12 U.S.C. 1701U) – 24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and

16.12 Minority And Women-Owned Businesses – Executive Orders 11625, 12432, and 12158, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and

16.13 Labor Standards
Agreement No. «Contract_»

16.13.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.

16.13.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and

16.14 Environmental Review Standards

16.14.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 2069.

16.14.2 Nothing in this agreement shall obligate the City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until the City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and

16.15 Clean Air Act and Water Pollution Control Act For Contracts In Excess Of $150,000 -- All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1587). Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and

16.16 Flood Disaster Protection Act of 1973 -- The requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and

16.17 Uniform Relocation Assistance -- Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 1970 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Agreement No. «Contract_»

Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and

16.18 Executive Order 13279 -- The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and

16.19 Lead-Based Paint -- The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and

16.20 Historic Preservation -- The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and

16.21 Drug-Free Workplace Act -- The Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and

16.22 Uniform Administrative Requirements -- The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and

16.23 Conflict Of Interest -- The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and

16.24 Eligibility Restrictions -- The eligibility restrictions set forth by 24 CFR 570.615; and

16.25 Architectural Barriers Act And The Americans With Disabilities Act -- The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12151; 47 U.S.C. 155, 201, 219 and 225) (ADA); and

16.26 Prohibited Political and Lobbying Activities -- Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1552, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Agreement No. «Contract_»

Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and

16.27 Federal Funding Accountability and Transparency Act -- Agency shall fully complete Exhibit “F”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “F” will be reported in the FFATA Sub-award Reporting System.

17. INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.

18. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.

19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.

20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.

21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER LOCAL PUBLIC

OFFICIALS
No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of the City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.

Agreement No. «Contract_»

22. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
{{OrgContactInfo_OrgName}} Community Development Department {{OrgContactInfo_MailingAddress_Address_12}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_CSZ}} P.O. Box 1990 Santa Barbara, CA 93102-1990

23. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.

25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.

26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.

City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:

Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:

Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.

President of the Board of Directors
APPROVED AS TO FORM:

Sarah Knecht
Assistant City Attorney
APPROVED AS TO INSURANCE:

Mark Howard
Risk Manager
ATTEST:

Sarah Gorman

City Clerk
Exhibit A

PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.

Output Goal Annual
Goal #

1. {{Measurables_Output1Description}} «GOAL_1»

2. {{Measurables_Output2Description}} «GOAL_2»

3. « {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.

Outcome Measure Outcome
Goal %

1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»

2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»

3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A

PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
* Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:

Adjustment:

CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLowInc ome2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLowIn come2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModInco
me2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAboveMo dIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B

PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}

REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{Funding_TotalAmo
unt}}
City of Santa Barbara Human Services Click here
Other City/County Funds Click here
State Federal Funds Click here
Foundations/Trusts Click here
Donations Click here
Client Fees Click here
In-Kind Click here
Other Click here
Total Revenues Click here

EXPENSES
Expenses Amount City SB CDBG/HS Funds
Salaries, Benefits, Payroll Taxes* Click here Click here Consultants and Contracts Click here Click here
Facility, Utilities, Maintenance Click here Click here
Telephone Click here Click here
Supplies Click here Click here
Postage & Shipping Click here Click here
Marketing (Printing, Advertising) Click here Click here Travel, Mileage, Training Click here Click here
Insurance Click here Click here
Other Click here Click here
Total Expenses Click here Click here
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom CDBG Funds are allocated):

Position/Title Name CDBG Amount HS Amount
Click here Click here Click here Click here
Click here Click here Click here Click here
Click here Click here Click here Click here
Click here Click here Click here Click here
Exhibit C

REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} The financial section of Agency’s Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of CDBG and Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.

Reports are due within 10 days after the end of the quarter. If the 10th falls on a weekend or holiday, the due date is the last business day prior to the 10th.

The reporting periods are as follow:

Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2023
SOURCE DOCUMENTATION – All CDBG and Human Service expenditures shall be supported by source documentation (see 2 CFR 200.302). The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.

Complete and accurate documentation that supports each request for quarterly disbursement of CDBG and Human Service funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.

The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.

PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to CDBG and Human Service shall be clearly identified. If an employee’s time is split between CDBG and Human Service, and another funding source, time and activity distribution records supporting the actual staff activity and time charged to CDBG and Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of CDBG and Human Service funds.

VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from CDBG and Human Service Funds has income to qualify as LowModerate Income. Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.

Exhibit D

FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials

1. Agency will maintain written accounting procedures.

2. A clear audit trail will be maintained for each Quarterly Report.

3. Print name and affix signature of responsible party to receive and deposit City checks:

Name: Click here Signature:

4. Two signatures are required on CDBG expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):

Name: Click here Signature:

Name: Click here Signature:

5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and CDBG claims:

Name: Click here Signature:

6. If bookkeeping is handled by an outside firm, give name and address:

Firm name: Click here Address: Click here

7. In what bank are you depositing your CDBG funds?
Bank Account Name: Click here
Account Number: Click here
Branch Address: Click here

8. Name of responsible person to review cash reconciliations? Name: Click here

9. Financial status reports are submitted to Agency Board of Directors:

Monthly Quarterly Bi-Annually Annually Other (specify): Click here B. CASH RECORDS Initials

1. Checks will be pre-printed and pre-numbered.

2. Voided checks will be accounted for and kept on record.

3. Grant claims will be backed by invoices and marked to avoid resubmission.

Exhibit D

FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials

1. Agency will keep timesheets.

2. Employee and supervisor will sign timesheets.

3. Timesheets will correspond with payroll periods.

4. Timesheets will indicate daily time worked.

5. Payrolls will be approved by an authorized person.

6. Payroll register or earnings record will be kept.

7. Cumulative Records will be kept.

8. Employee files will be kept containing:
 W-4 form
 Authorized Deductions
 Work History
 Employment Application

9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:

Monthly Quarterly Bi-Annually Annually Other (specify): Click here D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here Auditor Address: Click here
Phone: Click here Email: Click here
E. MISC.

Agency IRS No.: Click here Agency State I.D.: Click here Agency DUNS No.: Click here
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 6 of this Agreement.

Click here
Signature Title
Exhibit E

EXECUTIVE/MANAGEMENT COMPENSATION
E-1
S.B.M.C. 9.126

9.126.010 Certificate Generally.

Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)

9.126.020 Contents of Certificate.

The "contractor's obligation for non-discriminatory employment" is as follows:

In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".

The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E

EXECUTIVE/MANAGEMENT COMPENSATION
E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.

In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.

AGREEMENT NO. «IDIS_ContractNumber»

AGREEMENT FOR USE OF CITY OF SANTA BARBARA

COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:

CITY OF SANTA BARBARA, Community
Development Department, hereinafter referred to as
"CITY."
and
«OrgContactInfo_OrgName», a California Non-profit,
hereinafter referred to as "Agency".

RECITALS:

WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara for the «OrgContactInfo_ProgramName», hereinafter referred to as “Project,” which is consistent with the City’s adopted Consolidated Plan for CDBG funds; and WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. TERM

1.1 This Agreement shall be in effect as of July 1, 2022 (“Effective Date”) and shall remain in effect until June 30, 2023 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Agency shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Agency initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Agency receives written authorization from City staff pursuant to Section 5 of this Agreement.

1.2 CDBG funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; ATTACHMENT 4
Agreement No. «IDIS_ContractNumber»

c. Agency has submitted to the City a certificate of insurance pursuant to Section 16 of this Agreement.

1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2023 in order to meet HUD's timeliness requirements.

1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.

2. USE OF CDBG FUNDS

2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of «Funding_TotalAmount» («Funding_TotalAmount_Spelled» and «Funding_TotalAmount_Cents»/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.

2.2 City and Agency further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.

2.3 In the event that Agency desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to City its written request for City’s consent to change the use of CDBG funds.

3. PROJECT BENEFIT
City and Agency recognize and agree that the use of these CDBG funds must primarily benefit low and moderate income households within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size. City agrees to provide Agency any updates to the income levels issued by HUD.

4. PROJECT TIMELINE AND COMPLETION DATE

4.1 Agency agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.

4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2023, Agency shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this Agreement No. «IDIS_ContractNumber»

agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2023, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Agency.

4.3 Agency’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Agency to amend the Project Timeline shall be submitted in writing, and will be subject to approval by City in its sole and absolute discretion. If approved, Agency’s revised timeline shall be made part of this Agreement.

4.4 In the event that the Project is not completed and all CDBG funds are not spent by Agency and reimbursed by City on or before the Expiration Date of this Agreement, Agency shall submit to City a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by City in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by City and Agency.

5. REIMBURSEMENT AND REPORTING REQUIREMENTS

5.1 City and Agency agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Agency shall submit to City detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in City’s Construction Projects Guide, as provided by City, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.

5.2 Agency and City hereby agree that Agency shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Agency has received from City a written “Notice to Proceed” certifying that Agency has met applicable preconstruction requirements outlined in Exhibit “C”.

5.3 Agency shall provide to City quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by City.

5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.

5.5 On or before June 30, 2023, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Agency shall provide City a Project Close-Out Report. Agency shall provide information, in a form provided by City, on Project accomplishments, work completed, Agreement No. «IDIS_ContractNumber»

numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.

6. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Project. In particular, Agency shall keep all records and documents as may be necessary to enable City to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with City's requirements and policies relating to CDBG funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.

7. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT

7.1 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.

7.2 If Agency expends $750,000 or more within their accounting year in federal funds, it shall conduct a single-audit according to 2 CFR 200. Agency shall submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.

8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Agency agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Agency hereby indemnifies and holds City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments.

City and Agency agree that if the City's Fiscal Year 2022-2023 CDBG funds are decreased or eliminated before the end of Fiscal Year 2022-2023, this Agreement shall be reduced accordingly based on the available CDBG funds.

9. PROGRAM INCOME

9.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to City any and all program income not used for the aforementioned purposes.

9.2 Upon termination of this Agreement, City may require remittance of all or part of any program income balances held by Agency, except those needed for immediate cash needs.

Agreement No. «IDIS_ContractNumber»

10. REVERSION OF ASSETS
Any real property under the Agency’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by City; or
b. Agency shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.

11. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.

12. EVENTS OF DEFAULT

12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):

12.1.1 Failure to Use CDBG Funds as Intended -- Agency’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.

12.1.2. Use of Grant Funds for Unauthorized Purposes -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.

12.1.3 Default Under Agreement -- Agency's breach of the covenants or obligations under this Agreement.

13. RIGHTS AND OBLIGATIONS UPON DEFAULT

13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of City written demand.

13.2 Reimbursement for Improper Expenditures -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of City request.

Agreement No. «IDIS_ContractNumber»

13.3 Notice of Default -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.

13.4 Cure -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.

If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.

14. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.

15. DEFENSE, INDEMNITY AND HOLD HARMLESS

15.1 To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Agency’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by the City.

15.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.

15.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

15.4 Agency’s costs of providing defense under this section shall not exceed Agency’s proportionate percentage of fault as finally adjudicated by a court of law, as required by California Civil Code section 2782.8. Agency may submit a claim to the City for reimbursement of reasonable Agreement No. «IDIS_ContractNumber»

attorneys’ fees and defense costs in excess of Agency’s proportionate percentage of fault as finally adjudicated.

16. INSURANCE

16.1 As part of the consideration of this Agreement, Agency agrees to purchase and maintain at its sole cost and expense during the life of this agreement insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees.

16.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:

16.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

16.2.2 Workers' Compensation: In accordance with the provisions of the California Labor Code, Agency is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least $1,000,000 shall cover all Agency's staff while performing any work incidental to the performance or this agreement.

16.2.3 Builders' Risk Insurance - During the course of construction, Agency shall secure insurance to include protection against direct physical loss or damage, including fire and theft, in an amount sufficient to cover replacement value of all Improvements.

If the Agency maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Agency.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

16.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:

16.3.1 Additional Insured Status – City, its officers, employees, and agents, shall be covered as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Agency. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.

Agreement No. «IDIS_ContractNumber»

16.3.2 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 15.

16.3.3 Notice of Cancellation - A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.

16.3.4 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Agency’s insurance and shall not contribute with it.

16.3.5 Waiver of Subrogation - Agency hereby agrees to waive rights of subrogation which any insurer of Agency may acquire from Agency by virtue of the payment of any loss.

Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents and subcontractors.

16.3 Acceptability of Insurers - All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.

16.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.

16.5 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.

If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.

Alternately, City may purchase such required insurance coverage, and without further notice to Agreement No. «IDIS_ContractNumber»

Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.

16.6 Self-Insured Retentions - Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Agency shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Agency shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

16.7 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.

Agency shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

17. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:

17.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and

17.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and

17.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and

17.4 Fair Housing Act
Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the Agreement No. «IDIS_ContractNumber»

sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and

17.5 Equal Opportunity in Housing
24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and

17.6 Housing and Community Development Act
Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and

17.7 Rehabilitation Act of 2073
Section 504 of the Rehabilitation Act of 2073 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities; and

17.8 Age Discrimination Act of 2075
The Age Discrimination Act of 2075 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and

17.9 Equal Employment and Contracting Opportunity

17.9.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

17.9.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

17.9.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Agreement No. «IDIS_ContractNumber»

about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.

17.9.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

17.9.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 2065, and of the rules, regulations, and relevant orders of the Secretary of Labor.

17.9.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 2065, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

17.9.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 2065, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 2065, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

17.9.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 2065, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agency may request the United States to enter into such litigation to protect the interests of the United States; and

17.10 Debarred, Suspended or Ineligible Contractors or Subrecipients Agreement No. «IDIS_ContractNumber»

The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and

17.11 Housing and Urban Development Act Of 2068
24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and

17.12 Minority and Women-Owned Businesses
Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and

17.13 Labor Standards

17.13.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.

17.13.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and

17.14 Environmental Review Standards
Agreement No. «IDIS_ContractNumber»

17.14.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 2069.

17.14.2 Nothing in this agreement shall obligate City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and

17.15 Clean Air Act and Water Pollution Control Act for Contracts in Excess of $150,000 All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and

17.16 Flood Disaster Protection Act of 2073
The requirements of the Flood Disaster Protection Act of 2073 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and

17.17 Uniform Relocation Assistance
Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 2070 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and

17.18 Executive Order 13279
The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and

17.19 Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential LeadBased Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and

17.20 Historic Preservation
The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 2066, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and Agreement No. «IDIS_ContractNumber»

17.21 Drug-Free Workplace Act
The Drug-Free Workplace Act of 2088 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and

17.22 Uniform Administrative Requirements
The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and

17.23 Conflict of Interest
The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and

17.24 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and

17.25 Architectural Barriers Act and the Americans with Disabilities Act The Architectural Barriers Act of 2068 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 219 and 225) (ADA); and

17.26 Prohibited Political and Lobbying Activities
Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1352, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and

17.27 Federal Funding Accountability and Transparency Act Agency shall fully complete Exhibit “E”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “E” will be reported in the FFATA Sub-award Reporting System.

Agreement No. «IDIS_ContractNumber»

18. ASSIGNMENT AND SUBCONTRACTING

18.1 Agency shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of this Agreement or any part thereof or any monies payable hereunder without the prior written consent of City which consent may be withheld in City’s sole and absolute discretion.

18.2 Agency hereby agrees to incorporate or cause to be incorporated in any subcontract for use of these CDBG funds any applicable Federal requirements, including, but not limited to, those specified in Section 15 of this Agreement. In addition, any subcontract by Agency using CDBG funds provided for in this Agreement shall be reviewed by City prior to execution to ensure that all applicable requirements which assume compliance with Federal, State, or local regulations have been incorporated.

19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.

20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.

21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER PUBLIC OFFICIALS No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.

22. NOTICES
Communication and details concerning this Agreement shall be directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}},
Community Development Department
Executive Director Housing and Human Services Division
«OrgContactInfo_MailingAddress_Address1»
«OrgContactInfo_MailingAddress_Address2»
P.O. Box 2090
«OrgContactInfo_MailingAddress_Address_CSZ» Santa Barbara, CA 93102-2090

23. SECTION HEADING
Agreement No. «IDIS_ContractNumber»

The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.

25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.

26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.

City of Santa Barbara
A Municipal Corporation
«OrgContactInfo_OrgName»
Agreement No. «IDIS_ContractNumber»
By: By:

Elias Isaacson
Community Development Director
Name: Click here to enter text.

Title: Click here to enter text.

APPROVED AS TO CONTENT:

Laura Dubbels
Housing and Human Services
Manager
Name: Click here to enter text.

President of the Board of Directors
APPROVED AS TO FORM:

Sarah Knecht
Assistant City Attorney
APPROVED AS TO INSURANCE:

Mark Howard
Risk Manager
ATTEST:

Sarah Gorman
City Clerk
Exhibit A

PROJECT SUMMARY
A-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» PROJECT LOCATION: «ProjectDescription_ProjectAddress_Address_Full» PROGRAM PURPOSE: «ProjectDescription_ProgramDescription»

PROJECT DESCRIPTION
«ProjectDescription_ProjectDescription»
Exhibit A

PROJECT SUMMARY
A-2
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:

Adjustment:

CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) «ClientDataStaffInfo_PeopleServedEx tLowIncome2223»
LOW INCOME (31-50% MFI) «ClientDataStaffInfo_PeopleServedwi thLowIncome2223»
MODERATE (51-80% MFI) «ClientDataStaffInfo_PeopleServedM odIncome2223»
ABOVE MODERATE (81%+MFI) «ClientDataStaffInfo_PeopleServedA boveModIncome2223»
ANNUAL UNDUPLICATED CLIENTS: «ClientDataStaffInfo_TotalUnduplicated» Exhibit B

PROJECT BUDGET
B-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»

REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG «Funding_TotalAmoun
t»
Other City/County Funds $ Click here to enter text.

State Federal Funds $ Click here to enter text.

Foundations/Trusts $ Click here to enter text.

Donations $ Click here to enter text.

Client Fees $ Click here to enter text.

In-Kind $ Click here to enter text.

Other $ Click here to enter text.

Total Revenues $ Click here to enter text.

EXPENSES
Expenses CDBG Other Funding
Environmental Review $ Click here to enter text. $ Click here to enter text.

Drawings and Plans $ Click here to enter text. $ Click here to enter text.

Other Preconstruction Costs $ Click here to enter text. $ Click here to enter text.

Permits $ Click here to enter text. $ Click here to enter text.

Land Acquisition $ Click here to enter text. $ Click here to enter text.

Installation $ Click here to enter text. $ Click here to enter text.

Materials $ Click here to enter text. $ Click here to enter text.

New Construction $ Click here to enter text. $ Click here to enter text.

Rehabilitation $ Click here to enter text. $ Click here to enter text.

Labor $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Total Expenses $ Click here to enter text. $ Click here to enter text.

Use of Funds: «ProjectDescription_CDBGFundingUseNarr»
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-1

PRE-CONSTRUCTION REQUIREMENTS

1. Agency shall adhere to one of the following bidding processes in accordance with 2 CFR 200.320 to select a contractor:

A. Micro-Purchases Method (for supplies or services less than $3,500).

B. Small Purchases Method (for consulting, design, supplies between $3,500 and $150,000).

C. Competitive Proposals Method (for professional services or purchases over $150,000).

D. Sealed Bids (for all construction).

2. Sealed Bids shall adhere to the following:

A. Bid opportunity/notice shall be publicized.

B. Agency shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Clearly defined scope of work;
iii. Bond requirements identified;
iv. Insurance requirements;
v. Davis Bacon Act provisions;
vi. Section 3 provisions (for construction over $200,000, or $100,000 to single contractor);
vii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
viii. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
ix. Bidder’s Certification – form provided by City;
x. Bidder’s Questionnaire – form provided by City;
xi. Sect. 3 Business Certification – form provided by City; xii. HUD-4010 Form – provided by City;
xiii. Davis-Bacon Act Wage Determination – provided by City.

3. Upon selection of contractor, Agency and contractor/subcontractors shall attend a PreConstruction Conference with City staff.

4. Agency shall submit the following documents to City:

A. Copy of bid advertisement;
B. Copy of bid packet;
C. Bid Summary Sheet – form provided by City;
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-2
D. Copy of all bids received;
E. Copy of the Agency and Contractor Construction Contract using City-provided CDBG contract template;
F. Certificates of Insurance for General Liability and Worker’s Compensation for winning contractor and all subcontractors;
G. Exhibits A-E – forms provided by City, and shall be completed by contractor and all subcontractors, with original signatures.

5. Upon Agency’s completion of the above pre-construction requirements, City shall issue to Agency and contractor a written Notice to Proceed, and contractor shall begin construction work.

REQUIREMENTS DURING CONSTRUCTION

1. Any reimbursement request submitted by Agency, or by agent on behalf of Agency, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.

2. Agency shall submit the following with each reimbursement request:

A. Agency Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Agency’s proof of payment to the contractor;
D. Labor and material releases from contractor;
E. Certified Payroll Reports, form WH-347, and Statement of Compliance for each week (whether or not work was performed) with original “wet” signature signed in blue ink.

3. Agency shall obtain PRIOR City approval for any change orders

POST CONSTRUCTION

1. Onsite inspection shall be held with City staff and Agency/contractor.

2. Notice of Completion – form provided by City, signed and submitted to City staff within 10 days of project completion for recordation at the Santa Barbara County Clerk Recorder. (NOTE: Due to California Senate Bill 2, effective January 1, 2020, the cost to record a document is $101. Agency may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Agency’s own funds).

Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-3

3. Agency shall submit before and after pictures to City.

PROJECT CLOSEOUT

1. Five percent (5%) of the construction contract amount shall be retained by City for a minimum of thirty-five days after recordation of Project’s Notice of Completion. This is to ensure completion of work and payment for materials and services and to ensure compliance.

2. Agency shall submit final Request for Reimbursement and supporting documentation for the 5% retention – City reserves the right to withhold retention payment of CDBG funds to Agency beyond 35 days should Agency and/or contractor fail to comply with all federal, state and local regulations pertaining to federally-funded construction projects.

3. Evidence of City Building Permit submitted to City, if applicable.

4. Waiver and Affidavit signed by contractor submitted to City.

5. Agency submits Project Close-Out Report – form provided by City The undersigned recognizes that the foregoing is a summary only and is not to be used as a substitute for the CDBG Construction Projects Guide, the receipt of which is hereby acknowledged. Further, the undersigned accepts that it is the responsibility of Agency and its staff to adhere to the requirements of the City of Santa Barbara’s CDBG Construction Projects Guide X
Signature
Title: Executive Director
Exhibit D

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-1
S.B.M.C. 9.126

9.126.010 Certificate Generally.

Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)

9.126.020 Contents of Certificate.

The "contractor's obligation for non-discriminatory employment" is as follows:

In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".

The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit D

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.

In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.)

AGREEMENT NO. «IDIS_ContractNumber»

AGREEMENT FOR USE OF CITY OF SANTA BARBARA

COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:

CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as “City” CITY
and

CITY OF SANTA BARBARA,
«OrgContactInfo_OrgName», hereinafter referred to
as "Department."
RECITALS:

WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Department submitted a proposal for funding to the City Council of the City of Santa Barbara for the «OrgContactInfo_ProgramName», hereinafter referred to as “Project,” which is consistent with the City’s adopted Consolidated Plan for CDBG funds; and WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. TERM

1.1 This Agreement shall be in effect as of July 1, 2022 (“Effective Date”) and shall remain in effect until June 30, 2023 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Department shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Department initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Department receives written authorization from CITY staff pursuant to Section 5 of this Agreement.

1.2 CDBG funds will not be disbursed to Department unless and until the conditions precedent below are either satisfied to CITY’s satisfaction as determined in CITY’s sole discretion, or waived in writing by CITY:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Department and CITY.

Agreement No. «IDIS_ContractNumber»

1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2023 in order to meet HUD's timeliness requirements.

1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.

2. USE OF CDBG FUNDS

2.1 Subject to terms and conditions contained herein, CITY agrees to provide CDBG funds to Department in the amount of «Funding_TotalAmount» («Funding_TotalAmount_Spelled» and «Funding_TotalAmount_Cents»/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.

2.2 CITY and Department further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.

2.3 In the event that Department desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Department shall first submit to CITY its written request for CITY’s consent to change the use of CDBG funds.

3. PROJECT BENEFIT
CITY and Department recognize and agree that the use of these CDBG funds must primarily benefit low and moderate income households within the area of the Project as detailed in Department’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size. CITY agrees to provide Department any updates to the income levels issued by HUD.

4. PROJECT TIMELINE AND COMPLETION DATE

4.1 Department agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.

4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2023, Department shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
Agreement No. «IDIS_ContractNumber»

b. On or before April 30, 2023, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Department.

4.3 Department’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Department to amend the Project Timeline shall be submitted in writing, and will be subject to approval by CITY in its sole and absolute discretion.

If approved, Department’s revised timeline shall be made part of this Agreement.

4.4 In the event that the Project is not completed and all CDBG funds are not spent by Department and reimbursed by CITY on or before the Expiration Date of this Agreement, Department shall submit to CITY a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by CITY in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by CITY and Department.

5. REIMBURSEMENT AND REPORTING REQUIREMENTS

5.1 CITY and Department agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Department shall submit to CITY detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in CITY’s Construction Projects Guide, as provided by CITY, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.

5.2 Department and CITY hereby agree that Department shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Department has received from CITY a written “Notice to Proceed” certifying that Department has met applicable preconstruction requirements outlined in Exhibit “C”.

5.3 Department shall provide to CITY quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by CITY.

5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.

5.5 On or before June 30, 2023, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Department shall provide CITY a Project Close-Out Report.

Department shall provide information, in a form provided by CITY, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.

Agreement No. «IDIS_ContractNumber»

6. DEPARTMENT TO MAINTAIN RECORDS
Department shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Department in conducting the Project. In particular, Department shall keep all records and documents as may be necessary to enable CITY to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with CITY's requirements and policies relating to CDBG funds. At CITY's request, Department shall furnish CITY with a copy of any record(s) maintained by Department pursuant to the terms of this Agreement. Department shall maintain all such records for at least five (5) years after the termination of this Agreement.

7. AUDIT OF DEPARTMENT'S RECORDS AND FINANCIAL MANAGEMENT

7.1 CITY shall have the right to audit and review all records maintained by Department pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Department's regular business hours. Said records shall be open to inspection and audit by CITY, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.

7.2 If Department expends $750,000 or more within their accounting year in federal funds, it will be subject to a single-audit according to 2 CFR 200.

8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Department acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Department agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable CITY to make any or all payments otherwise provided for in this Agreement, CITY shall incur no liability to Department, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Department hereby indemnifies and holds CITY harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. CITY and Department agree that if the City's Fiscal Year 2022-2023 CDBG funds are decreased or eliminated before the end of Fiscal Year 2022-2023, this Agreement shall be reduced accordingly based on the available CDBG funds.

9. PROGRAM INCOME

9.1 Department hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Department shall return to CITY any and all program income not used for the aforementioned purposes.

9.2 Upon termination of this Agreement, CITY may require remittance of all or part of any program income balances held by Department, except those needed for immediate cash needs.

10. REVERSION OF ASSETS
Any real property under the Department’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:

Agreement No. «IDIS_ContractNumber»

a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by CITY; or
b. Department shall pay to CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.

11. LICENSES AND PERMITS
Department shall obtain and maintain, at Department's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.

12. EVENTS OF DEFAULT

12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):

12.1.1 Failure to Use CDBG Funds as Intended -- Department’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.

12.1.2. Use of Grant Funds for Unauthorized Purposes -- Department’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.

12.1.3 Default Under Agreement -- Department's breach of the covenants or obligations under this Agreement.

13. RIGHTS AND OBLIGATIONS UPON DEFAULT

13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, CITY shall have the right to terminate this Agreement and demand that Department reimburse to CITY an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Department shall pay such amount due to CITY within 120 days of CITY written demand.

13.2 Reimbursement for Improper Expenditures -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by CITY that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Department for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Department shall, at CITY’s request, pay to CITY an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of CITY request.

13.3 Notice of Default -- Upon the occurrence of an Event of Default, CITY shall notify Department in writing of such occurrence, including a description of the Event of Default.

Agreement No. «IDIS_ContractNumber»

13.4 Cure -- Department shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Department, or, if the Event of Default cannot reasonably be cured in 30 days, then Department shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Department shall be required to reimburse CITY, within such thirty-day period, for all reasonable expenses incurred by CITY in exercising its rights in connection with any such default.

If Department so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.

14. CITY'S RIGHT TO TERMINATE AGREEMENT
CITY shall have the right to terminate this Agreement at any time, with or without cause, by giving Department thirty (30) days' prior written notice of CITY's intent to terminate this Agreement; provided, that upon such termination, CITY shall pay all obligations incurred by Department prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.

15. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Department agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by CITY, and to any amendments hereafter to CITY program guidelines and requirements. Department agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:

15.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and

15.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and

15.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and

15.4 Fair Housing Act
Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or Agreement No. «IDIS_ContractNumber»

familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and

15.5 Equal Opportunity in Housing
24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and

15.6 Housing and Community Development Act
Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and

15.7 Rehabilitation Act of 2073
Section 504 of the Rehabilitation Act of 2073 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities; and

15.8 Age Discrimination Act of 2075
The Age Discrimination Act of 2075 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and

15.9 Equal Employment and Contracting Opportunity

15.9.1 The Department will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Department will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Department agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

15.9.2 The Department will, in all solicitations or advertisements for employees placed by or on behalf of the Department, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

15.9.3 The Department will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another Agreement No. «IDIS_ContractNumber»

employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Department's legal duty to furnish information.

15.9.4 The Department will send to each labor union or representative of workers with which Department has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Department's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

15.9.5 The Department will comply with all provisions of Executive Order 11246 of September 24, 2065, and of the rules, regulations, and relevant orders of the Secretary of Labor.

15.9.6 The Department will furnish all information and reports required by Executive Order 11246 of September 24, 2065, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Department’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

15.9.7 In the event of the Department's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Department may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 2065, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 2065, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

15.9.8 The Department will include the provisions of sections 15.9.1 – 15.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 2065, so that such provisions will be binding upon each subcontractor or vendor. The Department will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Department becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Department may request the United States to enter into such litigation to protect the interests of the United States; and

15.10 Debarred, Suspended or Ineligible Contractors or Subrecipients Agreement No. «IDIS_ContractNumber»

The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and

15.11 Housing and Urban Development Act Of 2068
24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and

15.12 Minority and Women-Owned Businesses
Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Department will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and

15.13 Labor Standards

15.13.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Department and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Department and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Department shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Department of its obligation, if any, to require payment of the higher rates.

15.13.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and

15.14 Environmental Review Standards
Agreement No. «IDIS_ContractNumber»

15.14.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 2069.

15.14.2 Nothing in this agreement shall obligate CITY to reimburse any CDBG funds or authorize Department to utilize any CDBG funds unless and until CITY is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and

15.15 Clean Air Act and Water Pollution Control Act for Contracts in Excess of $150,000 All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations will be reported to the Federal awarding agency (HUD) and the Regional Office of the Environmental Protection Agency; and

15.16 Flood Disaster Protection Act of 2073
The requirements of the Flood Disaster Protection Act of 2073 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and

15.17 Uniform Relocation Assistance
Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 2070 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and

15.18 Executive Order 13279
The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and

15.19 Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential LeadBased Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and

15.20 Historic Preservation
The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 2066, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and Agreement No. «IDIS_ContractNumber»

15.21 Drug-Free Workplace Act
The Drug-Free Workplace Act of 2088 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and

15.22 Uniform Administrative Requirements
The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Department shall ensure compliance with the above uniform administrative requirements by any subgrant or subcontract entered into by Department that is financed in whole or in part with assistance provided under this Agreement; and

15.23 Conflict of Interest
The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and

15.24 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and

15.25 Architectural Barriers Act and the Americans with Disabilities Act The Architectural Barriers Act of 2068 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 219 and 225) (ADA); and

15.26 Prohibited Political and Lobbying Activities
Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1352, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and

15.27 Federal Funding Accountability and Transparency Act Department shall fully complete Exhibit “E”, attached hereto and incorporated herein as though set forth in full, and return to CITY the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Department acknowledges that, if applicable, data provided in Exhibit “E” will be reported in the FFATA Subaward Reporting System.

Agreement No. «IDIS_ContractNumber»

15. NONDISCRIMINATION
Department agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.

16. ASSIGNMENT AND SUBCONTRACTING

16.1 Department shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of this Agreement or any part thereof or any monies payable hereunder without the prior written consent of CITY which consent may be withheld in CITY’s sole and absolute discretion.

16.2 Department hereby agrees to incorporate or cause to be incorporated in any subcontract for use of these CDBG funds any applicable Federal requirements, including, but not limited to, those specified in Section 15 of this Agreement. In addition, any subcontract by Department using CDBG funds provided for in this Agreement shall be reviewed by CITY prior to execution to ensure that all applicable requirements which assume compliance with Federal, State, or local regulations have been incorporated.

17. INTEREST OF CERTAIN FEDERAL OFFICIALS
Department agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.

18. BONUS, COMMISSION OR FEE
Department will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by CITY or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.

19. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER PUBLIC OFFICIALS No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of CITY's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Department for the performance of work financed in whole or in part with the proceeds of this Agreement.

20. NOTICES
Communication and details concerning this Agreement shall be directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}},
Community Development Department
Agreement No. «IDIS_ContractNumber»

Executive Director Housing and Human Services Division
«OrgContactInfo_MailingAddress_Address1» P.O. Box 2090
«OrgContactInfo_MailingAddress_Address_CSZ» Santa Barbara, CA 93102-2090

21. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.

22. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.

23. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.

24. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate, the day and year first above written.

Community Development Department «OrgContactInfo_OrgName» Agreement No. «IDIS_ContractNumber»
By: By:

Elias Isaacson
Community Development Director
Name: Click here to enter text.

Title: Click here to enter text.

APPROVED AS TO CONTENT:

Laura Dubbels
Housing and Human Services
Manager
APPROVED AS TO FORM:

Sarah Knecht
Assistant City Attorney
ATTEST:

Sarah Gorman
City Clerk
Exhibit A

PROJECT SUMMARY
A-1
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» PROJECT LOCATION: «ProjectDescription_ProjectAddress_Address_Full» PROGRAM PURPOSE: «ProjectDescription_ProgramDescription»

PROJECT DESCRIPTION
«ProjectDescription_ProjectDescription»
Exhibit A

PROJECT SUMMARY
A-2
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:

Adjustment:

CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) «ClientDataStaffInfo_PeopleServedEx tLowIncome2223»
LOW INCOME (31-50% MFI) «ClientDataStaffInfo_PeopleServedwi thLowIncome2223»
MODERATE (51-80% MFI) «ClientDataStaffInfo_PeopleServedM odIncome2223»
ABOVE MODERATE (81%+MFI) «ClientDataStaffInfo_PeopleServedA boveModIncome2223»
ANNUAL UNDUPLICATED CLIENTS: «ClientDataStaffInfo_TotalUnduplicated» Exhibit B

PROJECT BUDGET
B-1
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»

REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG «Funding_TotalAmoun
t»
Other City/County Funds $ Click here to enter text.

State Federal Funds $ Click here to enter text.

Foundations/Trusts $ Click here to enter text.

Donations $ Click here to enter text.

Client Fees $ Click here to enter text.

In-Kind $ Click here to enter text.

Other $ Click here to enter text.

Total Revenues $ Click here to enter text.

EXPENSES
Expenses CDBG Other Funding
Environmental Review $ Click here to enter text. $ Click here to enter text.

Drawings and Plans $ Click here to enter text. $ Click here to enter text.

Other Preconstruction Costs $ Click here to enter text. $ Click here to enter text.

Permits $ Click here to enter text. $ Click here to enter text.

Land Acquisition $ Click here to enter text. $ Click here to enter text.

Installation $ Click here to enter text. $ Click here to enter text.

Materials $ Click here to enter text. $ Click here to enter text.

New Construction $ Click here to enter text. $ Click here to enter text.

Rehabilitation $ Click here to enter text. $ Click here to enter text.

Labor $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Other: $ Click here to enter text. $ Click here to enter text.

Total Expenses $ Click here to enter text. $ Click here to enter text.

Use of Funds: «ProjectDescription_CDBGFundingUseNarr»
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-1

PRE-CONSTRUCTION REQUIREMENTS

1. Department shall adhere to one of the following bidding processes in accordance with 2 CFR 200.320 to select a contractor:

A. Micro-Purchases Method (for supplies or services less than $3,500).

B. Small Purchases Method (for consulting, design, supplies between $3,500 and $150,000).

C. Competitive Proposals Method (for professional services or purchases over $150,000).

D. Sealed Bids (for all construction).

2. Sealed Bids shall adhere to the following:

A. Bid opportunity/notice shall be publicized.

B. Department shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Clearly defined scope of work;
iii. Bond requirements identified;
iv. Insurance requirements;
v. Davis Bacon Act provisions;
vi. Section 3 provisions (for construction over $200,000, or $100,000 to single contractor);
vii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
viii. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
ix. Bidder’s Certification – form provided by City;
x. Bidder’s Questionnaire – form provided by City;
xi. Sect. 3 Business Certification – form provided by City; xii. HUD-4010 Form – provided by City;
xiii. Davis-Bacon Act Wage Determination – provided by City.

3. Upon selection of contractor, Department and contractor/subcontractors shall attend a PreConstruction Conference with City staff.

4. Department shall submit the following documents to City:

A. Copy of bid advertisement;
B. Copy of bid packet;
C. Bid Summary Sheet – form provided by City;
Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-2
D. Copy of all bids received;
E. Copy of the Department and Contractor Construction Contract using City-provided CDBG contract template;
F. Certificates of Insurance for General Liability and Worker’s Compensation for winning contractor and all subcontractors;
G. Exhibits A-E – forms provided by City, and shall be completed by contractor and all subcontractors, with original signatures.

5. Upon Department’s completion of the above pre-construction requirements, City shall issue to Department and contractor a written Notice to Proceed, and contractor shall begin construction work.

REQUIREMENTS DURING CONSTRUCTION

1. Any reimbursement request submitted by Department, or by agent on behalf of Department, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.

2. Department shall submit the following with each reimbursement request:

A. Department Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Department’s proof of payment to the contractor;
D. Labor and material releases from contractor;
E. Certified Payroll Reports, form WH-347, and Statement of Compliance for each week (whether or not work was performed) with original “wet” signature signed in blue ink.

3. Department shall obtain PRIOR City approval for any change orders

POST CONSTRUCTION

1. Onsite inspection shall be held with City staff and Department/contractor.

2. Notice of Completion – form provided by City, signed and submitted to City staff within 10 days of project completion for recordation at the Santa Barbara County Clerk Recorder. (NOTE: Due to California Senate Bill 2, effective January 1, 2022, the cost to record a document is $101.

Department may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Department’s own funds).

Exhibit C

CDBG CONSTRUCTION REQUIREMENTS
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» C-3

3. Department shall submit before and after pictures to City.

PROJECT CLOSEOUT

1. Five percent (5%) of the construction contract amount shall be retained by City for a minimum of thirty-five days after recordation of Project’s Notice of Completion. This is to ensure completion of work and payment for materials and services and to ensure compliance.

2. Department shall submit final Request for Reimbursement and supporting documentation for the 5% retention – City reserves the right to withhold retention payment of CDBG funds to Department beyond 35 days should Department and/or contractor fail to comply with all federal, state and local regulations pertaining to federally-funded construction projects.

3. Evidence of City Building Permit submitted to City, if applicable.

4. Waiver and Affidavit signed by contractor submitted to City.

5. Department submits Project Close-Out Report – form provided by City The undersigned recognizes that the foregoing is a summary only and is not to be used as a substitute for the CDBG Construction Projects Guide, the receipt of which is hereby acknowledged. Further, the undersigned accepts that it is the responsibility of Department and its staff to adhere to the requirements of the City of Santa Barbara’s CDBG Construction Projects Guide X
Signature
Title: Executive Director
E-1
S.B.M.C. 9.126

9.126.010 Certificate Generally.

Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)

9.126.020 Contents of Certificate.

The "contractor's obligation for non-discriminatory employment" is as follows:

In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Department of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute.
(5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".

The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.

In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.

City of Santa Barbara
CDBG and Human Services Grants
Funding Recommendations FY 2022-23
Human Service/Public Service Applications
Organization Name Program Name 2020-21
Funding
2021-22
Funding Request Score Recommendation
Priority 1
Transition House Emergency Shelter For Families $ 74,100 $ 77,885 $ 100,000 94.00 $ 77,885.00 WillBridge of Santa Barbara, Inc. WillBridge of Santa Barbara $ 16,150 $ 17,860 $ 23,000 93.75 $ 17,860.00 Planned Parenthood California Central Coast Rita Solinas Patient Assistance Fund $ 8,550 $ 9,000 $ 9,000 93.00 $ 9,000.00 Domestic Violence Solutions Domestic Violence Solutions $ 30,590 $ 33,000 $ 35,000 92.33 $ 33,000.00 Showers of Blessing Santa Barbara Showers of Blessing Santa Barbara $ 16,863 $ 21,715 $ 22,000 91.75 $ 21,715.00 Child Abuse Listening Mediation (CALM) Child Abuse Listening Mediation (CALM) $ 22,800 $ 22,800 $ 30,000 91.25 $ 22,800.00 Hillside Hillside $ - N/A $ 30,000 89.67 $ 24,000.00
Foodbank of Santa Barbara County Warehouse $ 19,475 $ 22,215 $ 25,000 89.33 $ 22,200.00 Good Samaritan Shelter Freedom Warming Centers $ 28,500 $ 28,500 $ 50,000 89.00 $ 28,500.00 Santa Barbara Neighborhood Clinics Dental Care for the Homeless $ 28,500 $ 31,653 $ 36,000 89.00 $ 31,600.00 Foodbank of Santa Barbara County Older Adult Nutrition Program $ 8,550 $ 9,430 $ 9,000 88.67 $ 9,000.00 Hospice of Santa Barbara Hospice of SB 2021 $ 10,450 $ 13,145 $ 20,000 88.50 $ 13,100.00 St. Vincent's Family Strengthening Program (FSP) $ 11,400 $ 10,800 $ 20,000 88.00 $ 10,800.00 NBCC dba New Beginnings Safe Parking $ 43,225 $ 43,225 $ 50,000 87.75 $ 43,200.00 Sarah House Santa Barbara Living into the Future $ 26,600 $ 26,600 $ 40,000 87.75 $ 26,600.00 Channel Islands YMCA Noah's Anchorage $ 22,563 $ 24,000 $ 23,760 87.50 $ 19,008.00 Family Service Agency of Santa Barbara County Senior Services $ 11,163 $ 12,430 $ 30,000 87.33 $ 12,400.00 Standing Together to End Sexual Assault Standing Together to End Sexual Assault $ 30,970 $ 30,970 $ 35,000 87.33 $ 30,900.00 Council on Alcoholism and Drug Abuse Council on Alcoholism and Drug Abuse $ 8,550 $ 9,000 $ 20,000 86.75 $ 12,300.00 Channel Islands YMCA My Home $ 18,525 $ 18,525 $ 23,760 86.50 $ 18,500.00 Organic Soup Kitchen Organic Soup Kitchen $ 45,250 $ 73,763 $ 50,000 86.00 $ 40,000.00 Pacific Pride Foundation, Inc. Pacific Pride Foundation N/A $ 16,860 $ 30,000 85.75 $ 16,800.00 Sanctuary Centers Of Santa Barbara Inc Integrated Care Clinic $ 11,875 $ 12,000 $ 15,000 85.75 $ 12,000.00 NBCC dba New Beginnings Community Counseling Clinic $ 27,788 $ 27,788 $ 50,000 84.50 $ 27,700.00 Partners in Housing Solutions Partners in Housing Solutions N/A $ 22,145 $ 30,000 84.00 $ 22,100.00 City of Santa Barbara Rental Housing Mediation Program $ 19,475 $ 21,430 $ 30,000 83.50 $ 21,400.00 Peoples' Self-Help Housing Peoples' Self-Help Housing N/A $ 13,360 $ 20,000 82.25 $ 13,300.00 The Salvation Army, a California corporation Santa Barbara Hospitality House $ - $ 11,000 $ 20,000 82.00 $ 11,000.00 PATH (People Assisting the Homeless) PATH (People Assisting the Homeless) $ 23,750 $ 18,575 $ 100,000 78.50 $ 18,500.00 Sansum Diabetes Research Institute Sansum Diabetes Research Institute NEW NEW $ 35,000 69.50 $ - The Terrace Foundation The Terrace Foundation NEW NEW $ 120,000 64.50 $ - Priority 2
SBC Immigrant Legal Defense Center Urgent Removal Defense Legal Services NEW $ 17,860 $ 34,800 91.75 $ 17,900.00 Legal Aid Foundation of Santa Barbara County Legal Aid Foundation $ 23,750 $ 26,125 $ 30,000 91.33 $ 26,200.00 Family Service Agency of Santa Barbara County Long-Term Care Ombudsman $ 22,800 $ 21,992 $ 30,000 90.00 $ 22,000.00 CommUnify 2-1-1 Helpline $ 17,304 $ 19,335 $ 30,000 87.00 $ 19,400.00 United Boys & Girls Clubs of Santa Barbara United Boys & GIrls Clubs $ 19,950 $ 9,000 $ 40,000 86.50 $ 9,000.00 Family Service Agency of Santa Barbara County Family Resource Center $ 11,875 $ 13,575 $ 30,000 86.33 $ 13,600.00 Independent Living Resource Center, Inc Independent Living Resource Center, Inc $ 13,063 $ 13,145 $ 18,000 86.00 $ 13,200.00 Transition House Homelessness Prevention Program $ 17,670 $ 18,215 $ 20,000 86.00 $ 18,300.00 County of Santa Barbara District Attorney Sexual Assault Response Team $ 8,550 $ 9,000 $ 9,000 85.75 $ 9,000.00 Friendship Center Friendship Adult Day Care Center $ 9,975 $ 9,000 $ 15,000 85.00 $ 9,000.00 AHA! (Attitude. Harmony. Achievement.) AHA! (Attitude. Harmony. Achievement.) $ 11,400 $ 9,000 $ 15,000 84.50 $ 9,000.00 Jodi House Jodi House $ 8,550 $ 9,000 $ 15,000 84.50 $ 9,000.00 Santa Barbara Police Activities League Life After High School Academy N/A N/A $ 10,000 83.75 $ 9,000.00 Mental Health Association in Santa Barbara County Mental Wellness Center $ 9,619 $ 10,800 $ 15,000 82.75 $ 10,800.00 United Way of Santa Barbara County United Way of Santa Barbara County N/A N/A $ 25,000 80.25 $ - Just Communities Youth for Justice (Y4J) NEW NEW $ 11,019 76.50 $ - CommUnify Family Self-Sufficiency NEW NEW $ 15,000 73.25 $ - St. Vincent's Aging Well Program NEW NEW $ 10,000 72.25 $ - Equal Learning Fund Equal Learning Fund NEW NEW $ 10,000 59.67 $ - Total 50 $ 1,514,339 $ 862,568
Capital Project Applications
Organization Name Project Name 2020-21
Funding
2021-22
Funding Request Score Recommendation
City of Santa Barbara, Parks and Recreation Plaza Vera Cruz Safety Project N/A N/A $ 281,325 92.00 $ 281,325 City of Santa Barbara, Parks and Recreation Alameda Plaza Band Renovation N/A N/A $ 226,600 89.60 $ 226,600 City of Santa Barbara, Parks and Recreation Parque de los Niños Renovation N/A N/A $ 85,800 89.40 $ 85,800 SBNC Eastside Family Dental Clinic Installation of Safety Glass Partitions N/A N/A $ 71,838 90.80 $ 71,838 Total 4 $ 665,563 $ 665,563
ATTACHMENT 1